The African Sanitation and Hygiene Conference will be held in South Africa from 29 July to 1 August 2002. The overall goal of this conference is to accelerate the progress of sanitation and hygiene work in Africa, in accordance with the Millennium Development Goals and the aims of NEPAD.

A preliminary draft paper has been compiled that is a case study of sanitation policy development and implementation in South Africa and will form an input to the African Sanitation and Hygiene Conference.

You are invited to comment and make input on this preliminary draft document. Comments should be forwarded to Mampiti Matsabu at e-mail: by no later than close of day Friday 12 July 2002. Please make your suggestions electronically in track changes in the document or highlight the changes.

Department of Water Affairs and Forestry

THE DEVELOPMENT OF A

SANITATION POLICY

AND

PRACTICE IN SOUTH AFRICA

2002

Preliminary Draft Paper

3 July 2002

African Sanitation and Hygiene Conference, Johannesburg, South Africa, Preliminary Draft Paper

29 July – 1 August 2002

TABLE OF CONTENTS

1.Introduction

1.1Purpose of This Paper

1.2Historical Background to South African Situation

1.2.1Period: Pre – 1994

1.2.2Period: 1994 to 2001

1.2.3Period: 2001 to the Present

2.Policy instruments

2.1Legislation

2.2Funding Mechanisms

2.2.1Municipal Infrastructure Grants

2.2.2The Equitable Share

2.2.3Local Authority Revenue

2.2.4Subsidies

2.3Information and Education Programmes

2.4Inter Sectoral Approach -Roles and Responsibilities for Providing Services

3.Implementation

3.1Appropriate Sanitation Technologies

3.2Phased Implementation

3.3Hygiene Promotion

3.4Social Issues

3.5Mitigation of Groundwater Contamination from On-Site Sanitation

3.6Monitoring and Evaluation

4.Challenges

5.REFERENCES

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African Sanitation and Hygiene Conference, Johannesburg, South Africa, Preliminary Draft Paper

29 July – 1 August 2002

1.Introduction

The African Sanitation and Hygiene Conference will be held in South Africa from 29 July to 1 August 2002. The overall goal of this conference is to accelerate the progress of sanitation and hygiene work in Africa, in accordance with the Millennium Development Goals and the aims of NEPAD. The purpose of the conference is three-fold:

  • To assess the status quo of sanitation and hygiene in Africa, sharing experiences and lessons learned in this field.
  • To raise the profile of sanitation and hygiene in Africa, both at and after the World Summit on Sustainable Development.
  • To strengthen leadership and advocacy for improved sanitation and hygiene in Africa.

The Conference will build on recent global and regional initiatives such as the International Conference on Freshwater in Bonn (December 2001), the Second World Water Forum at The Hague (2000) and the Water Supply and Sanitation Collaborative Council (WSSCC), Water and Sanitation Hygiene (WASH) campaign launched in December 2001 and the South African chapter in March 2002.

1.1Purpose of This Paper

This paper is a case study of sanitation policy development and implementation in South Africa and forms an input to the African Sanitation and Hygiene Conference. The purpose of this paper is to:

  • Review sanitation policy development and implementation in South Africa, and
  • Share experiences, lessons learnt and best practices developed.

It is the firm belief of the South African government that sustainable development can only be achieved through a focus on poverty eradication and economic development. Water, sanitation and hygiene are regarded as key issues for the achievement of these objectives. To this end, the government’s sanitation programme is targeted towards the poorest of the poor thus ensuring that the benefits of the programme are delivered to those persons that are most in need.

The South African government is committed to ensuring that its entire people have access to adequate sanitation. The government intends to improve on the Millennium Development Goal to halve the sanitation backlog by 2015, by completely removing the backlog by the year 2010.

1.2Historical Background to South African Situation

Sanitation policy development and implementation in South Africa can be divided into three distinct periods. Firstly, the pre-1994 period before the establishment of a democratically elected government; Secondly, the period between 1994 to 2001 during which the new Constitution was implemented and a policy for provision of sanitation services was developed and a delivery programme initiated; and lastly the period from 2001 forward during which the sanitation policy has been refined and the programme of service delivery accelerated toward meeting the Millennium target.

1.2.1Period: Pre – 1994

During this time, the Republic of South Africa was divided into eleven different “homeland” administrative and political areas, the four independent TBVC states, six self-governing territories and the dominant Republic of South Africa territory, governed by the tri-cameral parliament. In addition, within the ten homelands were a number of rural areas that were managed by tribal authorities. This situation resulted in a fragmented approach to service provision with no cohesive strategy, guidelines or support structures to guide the provision of sanitation. Limited or no services were available in the former “black” urban areas and rural areas, and in particular farm dwellers and farm schools had no sanitation services. Where services were provided these were often in a bad state of disrepair. Despite the lack of capacity in the tribal authorities, assistance for provision of sanitation services was not requested. Conversely, the Department of Public Works did not take responsibility for providing these services to avoid interference in the tribal areas. Responsibility for service provision in the rural areas was with the Department of Development, although service provision was characterised by a lack of consultation and buy-in from the stakeholders.

The previous proliferation of institutional structures contributed to the problems faced in providing sanitation services due to: The absence of an institutional framework which established clear responsibilities; The overlapping of institutional boundaries, as well as the exclusion of many areas of great need; A lack of political legitimacy and will; and the failure to make resources available where they were most needed.

Sanitation service provision was primarily focused on toilet building, sewer systems, and maintenance, with little consideration given to community needs or health and hygiene education. As a result, those who had inadequate sanitation were forced to continue using the bucket system, rudimentary pit toilets or the veld. In addition, there was an increase in the numbers of poorly designed or operated sewerage systems.

Groundwater pollution associated with on-site sanitation systems were a major cause of concern at this time. One example, was the unacceptably high levels of nitrate that were found in the groundwater used for drinking purposes in the Winterveld area, north of Pretoria, as a result of pit latrines.

In the early 1990s, it was estimated that about 21 million people did not have access to a basic level of sanitation, which is defined as a ventilated improved pit-latrine or equivalent (DWAF, 2001b).

1.2.2Period: 1994 to 2001

Addressing the water supply and sanitation backlog was one of the first priorities of the newly elected democratic government in 1994. On 1 July 1994, a new Department of Water Affairs and Forestry was established that consolidated government staff from all parts of the previous structures into one new organisation. In the absence of a coherent policy for water supply and sanitation, the White Paper on Water Supply and Sanitation Policy (DWAF, 1994) was compiled that set out the policy for the new Department with specific regard to these services. The finalisation of the White Paper was identified as a key priority, as well as the development of an integrated implementation strategy for clearing the backlog in support of local government for sanitation provision.

In the execution of this intent, the government embarked on a major investment programme in 1994, aimed at the provision of basic services, primarily in poor rural areas. The Department consulted with a range of stakeholders, which formed the basis for the development of the Community Water Supply and Sanitation (CWSS) Programme. The primary objective of the CWSS programme is to extend the access to basic water supply and sanitation services to all people resident in South Africa.

The Constitution of the Republic of South Africa (Act 108 of 1996) was published in 1996 and assigned the local government the responsibility of providing water and sanitation services access to all. A range of municipal legislation has been developed and implemented since 1994 to transform the local government, including the Local Government Municipal Demarcation Act 27 of 1998, the Municipal Structures Act 117 of 1998, the Municipal Structures Amendment Act 33 of 2000, and the Municipal Systems Act 32 of 2000.

However, in the absence of fully developed local government structures, the Department of Water Affairs and Forestry (DWAF) was mandated to ensure that all South Africans have equitable access to water and sanitation services where local government was unable to carry out this mandate. Targets were set to eliminate the backlog over a ten year period; to provide each individual with at 25 litres of water per day within 200 metres of their home; and, to provide each household with basic sanitation in the form of at least a Ventilated Improved Pit (VIP) latrine.

A National Sanitation Task Team (NSTT) comprising representatives of the national departments with responsibilities for providing sanitation service (i.e. Health, Education, Environmental Affairs and Tourism, Housing, Water Affairs and Forestry, Provincial and Local Government, and Public Works,) and the Mvula Trust was established in 1995 to facilitate an integrated inter-departmental approach. The NSTT’s specific objective was to provide a coherent framework for addressing the sanitation backlog. A process of consultation was undertaken with the three levels of government, NGOs, CBOs and other stakeholders, which resulted in the compilation of the Draft White Paper on Sanitation (DWAF, 1996). This policy document formed the basis for the development of the National Sanitation Programme in 1996, which was revised in 1998 (DWAF, 1996 and 1998).

The NSTT launched a new initiative in 2000 to update the 1996 Draft White Paper on Sanitation in the light of legislative developments at both the national and local level that impact on local government service delivery, and to incorporate the experience gained in the implementation of the sanitation programme. Stakeholder inputs were incorporated into the revised draft. Parliament subsequently endorsed the White Paper on Basic Household Sanitation during September 2001 (DWAF, 2001).

1.2.3Period: 2001 to the Present

Over the last 7 years (1994 to 2001), considerable progress has been made in addressing the levels of under-servicing. However, the demand for the expansion of municipal infrastructure continued to exceed supply, leading to rising backlogs in some services and limited progress in the elimination of backlogs. Local government has been extensively restructured to meet these challenges and fulfil its developmental mandate.

At the beginning of this period (2001) the national backlog of persons without access to adequate sanitation facilities was estimated to be 18 million or 3 million households. The majority of persons falling in this category live in rural areas, peri-urban areas and informal settlement areas. It is also estimated that up 26% of urban households and 76% of rural households have inadequate sanitation. This backlog was further reduced during the next year by 2.4 million persons.

DWAF, supported and assisted by sanitation role players, has developed and launched a National Sanitation Programme that is already showing positive results. The Programme focuses on the eradication of the sanitation backlog in the rural, peri-urban and informal settlement areas by the year 2010. In addition, eradication of the bucket system (currently estimated at about 428 000 households) is to be achieved by 2007.

These targets are to be met through the provision of two primary deliverables, namely promotion of sanitation, health and hygiene awareness and the provision of a basic toilet facility. Secondary deliverables necessary to create an appropriate enabling environment for a community-based approach includes training and capacity building elements. Projects will be implemented using a community-based approach. The highest priority will be given to those communities that face the greatest health risk due to inadequate sanitation and who cannot afford to meet their own requirements. To maximise synergy of effort, the prioritisation of communities will be aligned with the priority areas identified in the Integrated Sustainable Rural Development Strategy process.

Community participation is identified as a key requirement for the success of the implementation programme. Projects are to be demand driven by the community, as demonstrated by the community’s willingness to assist in project implementation. Where possible, projects are to be implemented without the use of external contractors to facilitate the upliftment of the local economic situation. Training is to be provided to members of the local community to construct the facilities. Sufficient information is to be provided to the community to enable them to make an informed decision with regard to the type of technology implemented.

The recent (2001) cholera outbreak and subsequent proposal and initiatives to contain the epidemic, highlighted the importance of sanitation and the need for a close inter-departmental co-operation and clear leadership of the sector. The close link between water supply, sanitation and health necessitates that these issues be addressed jointly and in an integrated manner at national, provincial and local government level. The Department of Health, in collaboration with DWAF, has developed a National Cholera Strategy to combat and prevent the spread of cholera. It includes immediate, medium and long-term interventions as well as how to deal with organisations, funding and logistical arrangements ion case of emergencies.

A policy review process has been initiated to address the changes needed to reflect the new local government and municipal financial arrangements. A draft discussion document has been compiled to stimulate discussion and debate around key issues and policy options to support the process. The process is to be followed with bilateral meetings with key stakeholders and regional consultation workshops in order to compile a draft White Paper on Water Services, which will include broad sanitation areas.

Policy gaps identified in the White Paper on Basic Household Sanitation, which are currently being addressed include: Farm dweller sanitation; Informal settlements; Norms and standards; Emergency sanitation; and Free basic services.

2.Policy instruments

2.1Legislation

Key roles of national, provincial and local government for sanitation provision are allocated in Constitution. It tasks local government with the responsibility for provision of sustainable services to communities, with the support of provincial and national government.

Key legislation with respect to sanitation is briefly discussed below.

The Water Services Act (Act 108 of 1997) is to assist municipalities to undertake their role as water services authorities and to look after the interests of the consumer. It also clarifies the role of other water services institutions, especially water services providers and water boards.

The National Water Act (Act 36 of 1998) legislates the way in which the water resource is protected, used, developed, conserved, managed and controlled. It also governs how a municipality may return effluent and other wastewater back to the water resource.

The Municipal Structures Act (Act 33 of 2000) provides for the establishment of municipalities in accordance with the requirements relating to categories and types of municipality and to provide for an appropriate division of functions and powers between categories of municipality. The Act allocates the responsibility for water services to the District Municipality or the local municipality if authorised by the Minister of provincial and Local Government.

The Municipal Systems Act (Act 32 of 2000) focuses on the internal systems and administration of a municipality. The Act introduces the differentiation between the function of an authority and that of a provider. It also identifies the importance of alternative mechanisms for providing municipal services ands sets out certain requirements for entering into partnerships.

The Municipal Demarcation Act (Act 27 of 1998) provides criteria and procedures for the determination of municipal boundaries by an independent authority. In terms of the Act, the Municipal Demarcation Board is established to determine municipal boundaries. Section 24 provides that when demarcating a municipal boundary, the Board must aim to establish an area that would enable the municipality to fulfil its Constitutional obligations, including the provision of services in an equitable and sustainable manner, the promotion of social and economic development and the promotion of a safe and healthy environment. The tax base must also be as inclusive as possible of users of municipal services in the municipality. This is important in that rural and urban areas are consolidated, which ensures a more effective use of resources.

The Division of Revenue Act, which is enacted annually, gives effect to Section 214(1) of the Constitution that provides for the equitable division of nationally raised revenue among the three spheres of government. The Act for 2002 makes provision for the CWSS as an “Indirect Conditional Grant “ to fund basic level of water services and the implementation of infrastructure projects where municipalities lack the capacity to do so.

The White Paper on Basic Household Sanitation (DWAF, 2001)emphasises the provision of a basic level of household sanitation to those areas with the greatest need. It focuses on the safe disposal of human waste in conjunction with appropriate health and hygiene practices. The key to this White Paper is that provision of sanitation services should be demand driven and community-based with a focus on community participation and household choice.

2.2Funding Mechanisms

Sources of funding for sanitation improvement that are available to local government include, the, Municipal Infrastructure Grant (MIG) and Equitable Share funding transfers from national to local government, and the revenue collected by the local authority.

2.2.1Municipal Infrastructure Grants

Municipal Infrastructure Grantsare conditional grants for capital investment provided by national government. It is intended to provide capital finance for basic municipal infrastructure for poor households (those with household incomes of below R1 100 per month) and to a limited extent micro enterprises and deserving institutions. Municipalities in the urban renewal and rural development programmes are favoured for support. The Municipal Infrastructure Grant will have an overall target of removing the backlog with regard to access to basic municipal services over a ten year period.